Or, you can agree to pay either part of the cost or the full amount just to get the item back. You can then go to the Disputes Tribunal to make a complaint and try to claim some money back. About the tribunal external link — Disputes Tribunal. This is allowed under the Contract and Commercial Law Act. They can send you a letter if they know your address, or they can put an ad in a local newspaper showing:. The repairer can use the proceeds of the sale to pay for the repairs and the cost of advertising and sales.
Any extra money has to be given to the Registrar of the nearest District Court. This money is yours, and will be held at the Court until you pick it up. Find nearest District Court external link — Ministry of Justice. Eli asked his mechanic to replace the brake pads on his car. The mechanic also replaced the rotors without telling Eli first. Abbey leaves several suits at her local drycleaners for cleaning and repairs. A week later, she gets a call to say her clothes are ready for collection. The drycleaner will not give her the clothes until full payment is made.
In general, the seller can offer to repair the item first. This should be a permanent repair and the problem should not reoccur.
If the same fault occurs again, then you should be entitled to a replacement or refund. If it is impossible to repair the item, or if it is more convenient than repairing it, then the seller may replace it for you. For example, if you bought a laptop and it overheated, causing significant damage, it may be very difficult or even impossible for the seller to fix the laptop so they may offer to replace it instead. If you opt for a replacement, it should be the same as the item you bought, or of similar quality and price.
You should not have to pay extra for a replacement and should be given the difference in price if the replacement costs less than the item you originally bought. If the item has been repaired or replaced and it is still not working as it should, you could ask for a reduction in the price you paid for it, if you are happy to put up with the fault.
For example, you bought a bicycle with 21 gears which developed a fault and needs to be repaired. After the repair you are told that the bike now only has 18 working gears. You may still be happy to keep it with 18 working gears, but you could ask for a reduction in the price you paid for it. What if the business refuses to help? Act quickly. You should return to the shop, explain the problem and tell them if you would like a repair, replacement or refund.
If you are not happy with their response, you should write a letter of complaint to the head office. Here are some template letters to get you started. Can I take my claim to court? The Small Claims process is a relatively cheap, fast and easy way to resolve issues. Another option, if you paid by debit or credit card, is to try and have your bank reverse the transaction. This is called a chargeback.
You will need to show evidence that you tried to resolve the issue directly with the retailer first. The date you made the purchase determines which legislation applies.
Key Information. The Consumer Rights Act gives you a clear early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund.
Contact the retailer you bought the goods from and tell it about the problem and that you want to reject the item and get your money back. Your right to a quick refund is limited to 30 days from the date you took ownership of the product this could be the date of purchase or the date it was delivered to you - whichever is later. The retailer has one opportunity to repair or replace digital content that is of unsatisfactory quality, unfit for purpose or not as described, before you can claim a refund on a digital download.
Under the Sale of Goods Act which applies to goods bought before 1 October , the time limit was a far less clear-cut three to four weeks. If you're outside the day right to reject, you have to give the retailer one opportunity to repair or replace any faulty goods or faulty digital content which are of unsatisfactory quality, unfit for purpose or not as described.
Tell the retailer whether you'd prefer a repair or a replacement, but bear in mind that it has the final say. The retailer can also refuse if it can show that your choice is disproportionately expensive compared with the alternative. If you discover the fault within the first six months from delivery, it's presumed to have been there from the time you received it - unless the retailer can prove otherwise. During this time, it's up to the retailer to prove that the fault wasn't there at the time of delivery - it's not up to you to prove that it was.
If the attempt at a repair or replacement is unsuccessful, you can then claim a refund, or a price reduction if you wish to keep the product. The retailer can't make any deductions from a refund in the first six months following an unsuccessful attempt at repair or replacement. If you've owned the item for less than six months, the retailer must give you a full refund if an attempt at a repair or replacement is unsuccessful.
The retailer can't make any deduction from a refund in the first six months following an unsuccessful attempt at repair or replacement. The only exception to this is motor vehicles, where the retailer can make a deduction for fair use after the first 30 days. It doesn't matter whether you bought your goods before or after 1 October - in the first six months from when you buy something, the onus is on the seller to prove your defective product was of satisfactory quality when you received it.
It's not for you to prove that the faulty item was not of satisfactory quality in order to get it repaired or replaced during the first six months after purchase. If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you. In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range.
The retailer can also make a deduction from any refund for fair use after the first six months of ownership if an attempt at a repair or replacement is unsuccessful. You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland. This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.
Guidance has tended to focus on getting an independent report from a repair shop or expert, but this advice dates back to a time when these were a common presence on high streets.
You could be hard pressed to find one now. But it's worth looking in your local area for a repair shop if you need to get an objective opinion. Here are a few suggestions on what you can do:. Whether you pay depends on when you found the fault and whether you want a refund, a repair or a replacement.
If you want to return your faulty goods for a refund, a repair or replacement, you should be refunded the delivery cost you paid to get it sent to you. Moreover, the typical cost of repair is on average not much more than the cost of the contract.
The consumer warranty protections described here make service contracts even less worthwhile. Self-insure by placing the money you would otherwise spend on service contracts into a savings account. Use that when you have to repair or replace a product at your own expense. Check the fine print and whether your state law defines lifetime warranty. One example would be the cost of food that was ruined because of a defective refrigerator.
You might be able to claim these, especially in states with strong consumer protection laws. A version of this article appeared in the May issue of Consumer Reports magazine with the headline "Warranty Protection.
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